Digi - Legal Insights
CRIMINAL LAW
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Quashing of Criminal Case - Proceedings under IPC Sections 354, 376 and POCSO Act unsustainable where continuance would jeopardize welfare of victim and child born out of wedlock; Court justified in exercising inherent powers under Section 482 CrPC.
CRIMINAL LAW
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Conviction under
Section 498A IPC set aside as allegations were vague, general, and
uncorroborated by material witnesses trial court failed to evaluate
inconsistencies.
CRIMINAL LAW
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Petition under Section
311 CrPC dismissed as petitioner had no locus to seek impleadment as witness 16
years after crime and trial had already concluded.
CRIMINAL LAW
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Issuance of process
under Section 138 NI Act upheld as Magistrate complied with Section 202 CrPC by
examining complainant and documents, despite accused residing beyond
jurisdiction.
CRIMINAL LAW
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Conviction under
Sections 120B and 411 IPC set aside as prosecution failed to prove appellants
knowledge or connection with fraudulent transactions and identification of
recovered property was doubtful.
CRIMINAL LAW
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Conviction upheld based
on victims consistent testimony corroborated by medical evidence; delay in FIR
not fatal.
CRIMINAL LAW
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Conviction set aside as
findings on Sections 304A and 325 IPC lacked clarity on individual role of each
accused and Section 149 IPC was improperly invoked.
CRIMINAL LAW
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Conviction confirmed as
victims testimony was consistent and supported by medical and DNA evidence.
CRIMINAL LAW
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FIR
quashed as mere failure to repay does not establish intention to deceive from
inception and no evidence of concealment of insolvency.
CRIMINAL LAW
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FIR quashed as
complainants own provocative posts invited reaction; audio evidence
cherry-picked.
CRIMINAL LAW
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Acquittal upheld as prosecution failed
to prove demand or acceptance of bribe and presumption under Section 20 of
Prevention of Corruption Act was not attracted.
CRIMINAL LAW
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Conviction upheld as
demand and acceptance were clearly proved through consistent evidence despite
non-use of anthracene powder.
CRIMINAL LAW
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Bail rejected as
multiple complaints existed against applicant and custodial interrogation was
found necessary due to serious financial fraud allegations.
CRIMINAL LAW
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Bail granted due to
prolonged incarceration and delay in trial, violating right under Article 21.
CRIMINAL LAW
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Bail granted due to
non-compliance with Rule 8 and Form 5 under NDPS Sampling Rules and absence of
proper certification.
CRIMINAL LAW
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Bail granted due to
unexplained delay in FIR, vague timeline, and lack of medical treatment prior
to complaint.
CRIMINAL LAW
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Bail granted as
allegations arose after relationship turned sour and charges lacked prima facie
support.
CRIMINAL LAW
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Bail rejected where
driver of school bus was charged with aggravated sexual assault on minor girl.Â
CRIMINAL LAW
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Granted as applicant
was in custody for over 6 years without trial concluding, violating Article 21
right to speedy trial.
CRIMINAL LAW
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Granted as undertrial
had spent over 7 years in custody without trial concluding, violating right to
speedy trial under Article 21 and justifying bail on ground of parity.